Law Commons^™

Compensation: Justice Or Revenge?, Kenneth W. Simons

San Diego Law Review

This Article will suggest that nonconsequentialist accounts of tort doctrine have much more explanatory power than she suggests and that the supposed fact that many tort victims act from vengeful motives has less. At the same time, her revenge interpretation does have value in illuminating some aspects of tort doctrine.

Moving Beyond Constitutionalization And Judicial Protection Of Human Rights - Building On The Hong Kong Experience Of Civil Society Empowerment, C. Raj Kumar

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Hoffman Plastic Compounds V. Nlrb: An Invitation To Exploit, Andrew Lewinter

Georgia State University Law Review

No abstract provided.

An Embarrassing Episode In The History Of The Law Of Evidence, John H. Mansfield

Seton Hall Law Review

No abstract provided.

Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner

All Faculty Scholarship

Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the legal …

Indian Trust Responsibility: Protecting Tribal Lands And Resources Through Claims Of Injunctive Relief Against Federal Agencies, Mary Christina Wood

Tulsa Law Review

No abstract provided.

Federal Trust Duty In An Age Of Indian Self-Determination: An Epitaph For A Dying Doctrine, Raymond Cross

Tulsa Law Review

No abstract provided.

Introduction, Nell Jessup Newton

Tulsa Law Review

No abstract provided.

Tribal Efforts To Comply With Vawa's Full Faith And Credit Requirements: A Response To Sandra Schmieder, Sarah Deer, Melissa L. Tatum

Tulsa Law Review

No abstract provided.

Platform For Privacy Preferences (“P3p”): Finding Consumer Assent To Electronic Privacy Policies, Kimberly Rose Goldberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Personal Fouls: How Sexual Assault By Football Players Is Exposing Universities To Title Ix Liability, Christopher M. Parent

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Education Law, Jerry A. Lumley

Mercer Law Review

While the 2003 session of the Georgia General Assembly did not produce as much legislation in the area of school law as in years past, significant school legislation was signed into law by Governor Perdue in 2003. Additionally, Georgia's appellate courts issued several important decisions in this area. This Article discusses the significant legislation passed and major appellate decisions issued during the survey period.

Tort Law, Leighton Moore

Mercer Law Review

During the period covered by this Article, developments in Georgia tort law were mainly attributable to the appellate courts. Full-scale legislative tort reform was not accomplished in the 2003 session, although it is likely to occur next year. The general assembly passed reforms to civil practice that had some impact on tort law, but these did not go into effect until July 2003, and thus fall outside the scope of this Article. In contrast, both the supreme court and the court of appeals rendered important, even controversial, decisions in tort law. By its nature, a survey article cannot probe at …

Evidence, Marc T. Treadwell

Mercer Law Review

This survey period saw no dramatic developments. The necessity exception to the hearsay rule continued to catch within its net statements that, a generation ago, would never have seen the light of a courtroom day. However, there were hints that some appellate justices and judges are becoming increasingly uncomfortable with the broad scope of the necessity exception. With regard to expert testimony, Georgia courts continued their refusal to adopt Daubert v. Merrell Dow Pharmaceuticals, Inc., perhaps because of a reluctance to impose on trial court judges the tremendous burden of microscopic analysis of proffered expert testimony.

Yesterday And Today: Of Indians, Breach Of Trust, Money, And Sovereign Immunity, Gregory C. Sisk

Tulsa Law Review

No abstract provided.

The 1998 Act And The Resources Link Between Tax Compliance And Tax Simplification, Steve R. Johnson

Scholarly Publications

Tax compliance sometimes is thought of as purely a matter of administration. But there are important connections between substance and procedure.' Both affect compliance. This article explores how simplification of the substantive tax law can improve compliance. The particular emphasis is on how simplification can liberate human and material resources for the IRS without which otherwise well conceived efforts to improve compliance are likely ultimately to fail.

Out Of Office And In The News: Early Projections Of The Clinton Legacy, Lori Cox Han, Matthew J. Krov

Political Science Faculty Articles and Research

During the first year after a president has left office, the tone and topic of news media coverage can influence a legacy greatly. This study examines coverage of Bill Clinton during his first year out of office in the New York Times and on network news shows and compares this coverage to that of Ronald Reagan and George Bush during their first years out of office. We find that Clinton received substantially more news coverage during the first year out of office than did either Reagan or Bush, and that Clinton's coverage in the media was also more critical and …

Changes In Immigration Law And Practice After September 11: A Practitioner's Perspective, Asli U. Bali

Cardozo Public Law, Policy & Ethics Journal

The article examines the significant changes in U.S. immigration law and practice following the September 11 attacks, highlighting how these changes have eroded civil liberties, particularly for Arab and Muslim communities. It argues that the misuse of immigration laws as a tool for anti-terrorism has led to a shift towards a security-state apparatus, undermining constitutional protections and setting a dangerous precedent for future infringements on civil liberties.

Transitional Justice: The Un And The Sierra Leone Special Court, Richard S. Williamson

Cardozo Public Law, Policy & Ethics Journal

The article explores the role of transitional justice in post-conflict societies, with a focus on the United Nations' efforts to address war crimes and promote reconciliation. It highlights the establishment of the Sierra Leone Special Court and the Truth and Reconciliation Commission as key mechanisms for accountability and healing. The article argues that transitional justice is essential for national reconciliation, democracy, and long-term peace, emphasizing the importance of balancing justice with the need to avoid destabilizing fragile post-conflict societies.

Ethical Issues In Defending A Terrorism Case: Stuck In The Middle, Joshua L. Dratel

Cardozo Public Law, Policy & Ethics Journal

The article discusses the ethical and legal challenges faced by criminal defense attorneys in terrorism cases, particularly focusing on the impact of Special Administrative Measures (SAMs), the Foreign Intelligence Surveillance Act (FISA), and the Classified Information Procedures Act (CIPA). These measures create significant barriers to effective legal representation, undermining the constitutional rights of defendants and the attorney-client relationship. The author argues that these practices not only impair the defense in terrorism cases but also risk encroaching on civil liberties in ordinary criminal cases.

The Constitution In Crisis Times, Jack N. Rakove

Cardozo Public Law, Policy & Ethics Journal

The article examines the challenges the U.S. Constitution faces during crises, particularly in the context of the post-9/11 "War on Terror." It argues that terrorism represents a persistent condition rather than a traditional war, requiring a balanced approach to security and civil liberties. The author emphasizes the importance of constitutional checks on executive power and the role of Congress in ensuring civil liberties are protected during crises.

Far From The Finish Line: Transsexualism And Athletic Competition, Jill Pilgrim, David Martin, Will Binder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Foreword, Sidney D. Watson

Saint Louis University Law Journal

No abstract provided.

A Thirteenth Amendment Challenge To Both Racial Disparities In Medical Treatments And Improper Physicians’ Informed Consent Disclosures, Larry J. Pittman

Saint Louis University Law Journal

No abstract provided.

A History Of Health Care For The Indigent In St. Louis: 1904–2001, Daniel R. Berg, M.D.

Saint Louis University Law Journal

No abstract provided.

Motions 2003 Volume 39 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

American University Law Review

Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities.

In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage …

Foreword, Lori Ellen Shaw

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Cover And Front Matter, Volume 29, Number 2, University Of Dayton

University of Dayton Law Review

Cover, table of contents, Volume 29, Number 2

Conscience Of A Catholic Judge, Michael R. Merz

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?